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SWICK v. MUELLER ET UX.

193 Or. 668 (1951)

238 P.2d 717

SWICK v. MUELLER ET UX.

Supreme Court of Oregon.

Reversed with directions December 12, 1951.

Petition for rehearing denied with correction in judgment February 6, 1952.

Attorney(s) appearing for the Case

L.Z. Terrall, of Union, argued the cause and filed a brief for appellants.

E.M. Sabin, of Union, argued the cause for respondent. With him on the brief was Carl G. Helm, Jr., of La Grande.

Before BRAND, Chief Justice, and ROSSMAN, LUSK, LATOURETTE, WARNER and TOOZE, Justices.

REVERSED WITH DIRECTIONS.

LATOURETTE, J.

This is an action for the recovery of real and personal property, and damages for the unlawful withholding thereof at the rate of $13 per day, predicated on the breach of a written contract entered into between plaintiff and defendants. Defendants returned the property to plaintiff on the theory that plaintiff herself had breached the contract. The trial court instructed the jury to return a verdict in favor of plaintiff...

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